A new bill introduced in Canada’s Parliament may restore citizenship rights to thousands of individuals who were previously denied citizenship due to the “first-generation limit” (FGL) on citizenship by descent. Bill C-3, titled An Act to amend the Citizenship Act (2025), seeks to eliminate barriers created by a law in place since 2009 and establish a more inclusive path to citizenship for Canadians born abroad.
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What Is the First-Generation Limit?
The FGL was enacted in 2009 and restricts Canadian citizenship by descent to only the first generation of children born outside Canada. In other words, children born abroad to Canadian citizens who themselves were also born outside Canada cannot automatically inherit citizenship. This rule has long been criticized for dividing families and creating a second class of citizens.
The issue of fairness came to a head in December 2023, when the Ontario Superior Court of Justice ruled that the FGL violated the Canadian Charter of Rights and Freedoms. The court held that the law unfairly discriminated against Canadian citizens who were born abroad and infringed upon their mobility rights. The federal government did not appeal the decision, indicating a willingness to reform the law.
The Government’s Legislative Timeline
Following the court ruling, the government had six months to revise the legislation. In May 2024, the government proposed Bill C-71 to address the issue by introducing a “substantial connection to Canada” test, which would allow some second-generation children born abroad to gain citizenship if their parents had spent at least three years in Canada. However, that bill was never passed due to Parliament’s prorogation in March 2025.
To maintain legal compliance, the court extended the deadline for reform, giving the government until November 20, 2025 to amend the Citizenship Act. In the meantime, the government introduced interim measures on March 13, 2025, allowing discretionary grants of citizenship to eligible applicants who meet the connection-to-Canada criteria.
Key Features of Bill C-3
Introduced on June 5, 2025, Bill C-3 proposes several crucial changes:
- Restoration of Citizenship: Individuals affected by the FGL would have their right to Canadian citizenship restored.
- Forward-Looking Reform: Future generations of Canadians born abroad would also be eligible for citizenship, provided their Canadian parent has a strong connection to Canada.
- Connection Test Requirement: The bill formalizes the “substantial connection to Canada” test, defined as the Canadian parent having resided in Canada for at least three years prior to the child’s birth or adoption.
The bill must still go through the full legislative process, including three readings in the House of Commons, passage in the Senate, and final approval through Royal Assent before becoming law.
What Happens if the Bill Is Not Passed?
If Parliament fails to pass Bill C-3 or another suitable amendment by the court-imposed deadline of November 20, 2025, the judiciary could take action to strike down or limit the current provisions of the Citizenship Act that were deemed unconstitutional.
In the meantime, children of second-generation Canadian citizens who meet the connection test do not need to wait for the bill to pass. Under the interim measures, they are already eligible to apply for discretionary citizenship grants.
Who Is Still Automatically a Citizen?
It’s important to note that children born in Canada are automatically granted Canadian citizenship, regardless of their parents’ status, except in rare cases such as children of foreign diplomats.
Legal Assistance Available
Given the complexities and shifting legal landscape, individuals affected by these citizenship rules are encouraged to seek professional legal advice. Immigration professionals and legal experts can provide guidance on applying for proof of Canadian citizenship or discretionary grants under the current interim policy.
Conclusion
Bill C-3 represents a critical step toward correcting a long-standing inequity in Canadian citizenship law. By addressing the constitutional concerns raised by the courts and expanding access to citizenship for Canadians born abroad, the bill has the potential to reunite families and strengthen Canada’s commitment to equality under the law. The next few months will be crucial as Parliament decides the future of this legislation.
